Banks residents of the Arbor Village subdivision are worried they'll face more traffic and an unknown kind of development on the Arbor Village Phase 9 tract of land.

So on Thursday night, the developer and landowner, West Hills Development Company, called an informal community meeting on their plans for the 8.4 acres in the southeast corner of the Arbor Village subdivision. About 28 residents attended the question and answer session held at Schlegal Hall at Sunset Park.

View full sizeA map provided at Thursday's community meeting shows the location of the Phase 9 property in the southeast corner of Arbor Village.Samantha Swindler/Forest Grove Leader

West Hills has requested that the city of Banks remove a condition that requires an eastern road access into the Phase 9 property before it can be developed. The problem? The eastern side of Arbor Village is bordered by two sets of active railroad tracks. West Hills is requesting that condition be removed so they can move forward with development without building a costly overpass across the tracks.

But what exactly West Hills plans to develop isn't clear. The land is zoned for industrial development, not residential, and West Hills is in the business of building homes. Michael Robinson, an attorney representing West Hills who led Thursday's meeting, told the crowd his client would "probably" seek a zoning change to build houses on the land. Residents, however, wanted more assurances.

During Thursday's meeting, some of the following questions were raised:

Why not just build the eastern access road?

Robinson said it's unlikely the railroad would give authorization for an at-grade road crossing along the tracks. The city of Banks' own transportation plan says an overpass over the tracks could cost more than $20 million. That kind of pricing makes developing the land unprofitable.

View full sizeA map provided at Thursday's community meeting shows Arbor Village and the property (outlined in red) in the city of Banks' urban growth boundary. Samantha Swindler/Forest Grove Leader

What if this remains industrial? Could the neighborhood face heavy truck traffic or chemical issues?

Robinson said repeatedly that West Hills is "probably" going to seek to build houses. But he admitted that any number of businesses could be located there if the east road requirement were lifted and the land were to remain industrial. There are two roads that currently access the Phase 9 property, but both go through residential neighborhoods.

Has West Hills tried to develop this land before?

The subdivision now known as Arbor Village first received approval from the city in 1996. That's also when the Phase 9 property was zoned industrial and the east road requirement was applied to the property. The developer tried in 1998 to have the requirement removed, Robinson said. At that time, the city denied it.

If the city denies West Hills' request again, could there be a lawsuit?

The short answer seems to be "maybe."

"We have a right to develop that property," Robinson said, and the road condition makes that nearly impossible. West Hills also feels the requirement is unnecessary for the development, and is really a way for the city to gain a desired road.

The city's transportation plan calls for an "east-west collector" street to access land east of Banks that was recently brought into the city's urban growth boundary. Robinson says it is unfair to burden West Hills with building a costly overpass to fulfill a need for future development.

"It has nothing to do with the impact of the development of our property," Robinson said after the meeting. "And as the city's TSP [transportation system plan] acknowledges, they want the road to serve the urban growth boundary area to the east."

After the city denied West Hills' request in 1998, the developer "walked away." Robinson told the crowd, "I don't think that is going to happen this time."

He added, though, "We're not in the business of trying to make enemies" and West Hills would not like to sue anyone.

Why are you asking for the road change before the zoning change?

"Even if you ask for the zoning change, as long as the condition, the stipulation, remains on there, we can't do anything," Robinson said after the meeting. "If we had come here tonight and said 'here's our residential plan,' the conversation you would have heard was 'you've got to get rid of the condition.'"

How many homes will be built?

This question was asked several times. Both Robinson and a representative for West Hills said they didn't know. But the figure "around 30" was mentioned a few times.

"I think it makes sense for West Hills to do a plan and come back and meet with folks and that's what I'm going to recommend my client do," Robinson said after the meeting.

He emphasized, however, that how the land would be developed was not the issue coming before the city and was not tied to whether the road requirement should be lifted.

What happens next?

The Banks Planning Commission will meet at 6:30 p.m. Sept. 30 at City Hall to discuss West Hills' request. They will make a recommendation to the City Council, which will ultimately decide whether to remove the condition requiring the eastern access road. The Banks City Council will meet at 7 p.m. Oct. 14.